[HISTORY: Adopted by the Board of Supervisors
of the Township of Hempfield 2-28-2022 by Ord. No. 2022-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 47,
Firesafety, adopted 4-15-1999 by Ord. No. 99-6, as amended.
This chapter shall be known as the "Hempfield Township Fire
and Life Safety Code."
This chapter is adopted for the following purposes:
A.
To establish the Department of Public Safety and the responsibilities
of that Department and its representatives in the overall management
of public safety within Hempfield Township;
B.
To recognize those fire protection and rescue services authorized
to operate within the municipal boundaries of Hempfield Township;
C.
To establish rules and regulations for emergency management services
within Hempfield Township;
D.
To provide for and adopt a code of regulations generally governing
fire and life safety within Hempfield Township;
E.
To establish rules and regulations for the determination and enforcement
of fire hazards;
F.
To provide for the disposition of fire insurance proceeds where applicable;
and
G.
To provide a means of enforcement generally.
The functions of Hempfield Township mandated under the Second
Class Township Code[1] and other state laws dealing with public safety, fire
response, ambulance response, emergency management and fire police
shall be conducted generally on behalf of the Board of Supervisors
of Hempfield Township by the Department of Public Safety, which shall
consist of the following:
A.
Director. For the purposes of this chapter, the title of Director
shall include the Director of Public Safety, the Director of Code
and Safety, the Director of Emergency Services, Fire Chief, and/or
any other persons designated by Township resolution to perform such
duties and functions. The Director shall be responsible for all administrative
work directing and enforcing the Fire Prevention Code and various
ordinances relating to fire prevention and such other duties as may
be assigned from time to time by the Board of Supervisors. The general
work responsibility will include compliance with the Fire Code provisions,
patrol designated fire lanes and no-parking zones and the issuance
of citations for violations thereof.
B.
Fire code inspector/code enforcement officer: to be responsible for
all administrative work directing and enforcing the Fire Prevention
Code and various ordinances relating to fire prevention and such other
duties as may be assigned from time to time by the Board of Supervisors.
The general work responsibility will include compliance with the Fire
Code provisions, patrol designated fire lanes and no-parking zones
and the issuance of citations for violations thereof.
C.
Fire ground investigator: to be responsible for the investigation
of fires occurring within the Township which are of an unnatural or
suspicious origin as directed by the Director; and to maintain records
and incident reports for all such fire investigations, including,
without limitation, fire investigation reports, insurance information
and incident reports.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
Recognition and governmental standing. The Hempfield Fire Department
consists of both chartered and nonchartered stations that collectively
make up the Hempfield Fire Department. The following stations are
formally recognized as part of the Hempfield Fire Department and as
such provide a valuable service to Hempfield Township and surrounding
communities:
Adamsburg Volunteer Fire Department and Relief Association
Bovard Volunteer Fire Department and Relief Association
Carbon Volunteer Fire Department and Relief Association
Fort Allen Volunteer Fire Department and Relief Association
Grapeville Volunteer Fire Department and Relief Association
Hannastown Volunteer Fire Department and Relief Association
Hempfield No. 2 Volunteer Fire Department
Hempfield Township Emergency Management Association
Hempfield Township Fire Police Association
High Park Volunteer Fire Department and Relief Association
Midway St. Clair Volunteer Fire Department and Relief Association
Mutual Aid Ambulance Service
North Hempfield Volunteer Fire Department and Relief Association
West Point Volunteer Fire Department and Relief Association
(1)
The aforesaid volunteer fire stations and ambulance, emergency and
fire police services shall be considered to have local governmental
agency immunities pursuant to the applicable laws and statutes, including
42 Pa.C.S.A. § 8541.
(2)
The foregoing fire stations, emergency medical services, emergency
management agency, and fire police organizations shall be part of
the Hempfield Fire Department.
(a)
A chartered station is a fire station under the Hempfield Fire
Department that maintains an original charter. A chartered station
agrees to operate under the terms of a service agreement with Hempfield
Township.
(b)
A nonchartered station is a fire station under the Hempfield
Fire Department charter. Members of a nonchartered station provide
emergency service throughout Hempfield Township without the burden
of fund-raising efforts.
(3)
The Hempfield Township Board of Supervisors shall, by resolution
duly adopted from time to time, establish policies, practices and
procedures for firefighters within Hempfield Township, which said
resolution, policies, practices and procedures shall be consolidated
into Hempfield Fire Department Standard Operating Policies.
B.
Mutual aid and response.
(1)
Authorization to respond to calls within Township. The various volunteer
firefighters, fire police, emergency personnel and ambulance corpsmen
who are members of the various volunteer fire companies or departments
of Hempfield Township are specifically authorized herein to respond
to all fire, emergency, and disaster calls within Hempfield Township.
(2)
AERIAL FIRE APPARATUS
AMBULANCE ASSIST
(a)
(b)
(c)
CLOSEST AVAILABLE
HOME COMPANY
MOBILE WATER SUPPLY APPARATUS
PUMPER FIRE APPARATUS
QUINT FIRE APPARATUS
RESCUE APPARATUS
UTILITY APPARATUS
Definitions. For the purposes of this section, the words set forth
herein shall have the following specific definitions. Any word not
specifically defined shall have its common and ordinary meaning:
If the aerial apparatus is equipped with a fire pump that
is intended to supply water to a permanently mounted waterway, the
fire pump shall be capable of supplying the flow requirements in accordance
with applicable NFPA 1901 chapters. A minimum of 40 cubic feet of
enclosed weather-resistant compartmentation, a minimum hose storage
area of 3 1/2 cubic feet to accommodate 1 1/2-inch or larger
preconnected fire hose, a minimum of 115 feet of ground ladders, one
folding ladder, two straight ladders with folding hooks, and two extension
ladders.
A general request by an EMS service for assistance, either
emergency or nonemergency, as shall be indicated by the requesting
agency.
AMBULANCE PRIORITY ONEA dispatch incident indicating the severity of the patient; Priority One or E-1 indicates a life-threatening condition, and services must be on route to the scene with an ambulance within five minutes.
AMBULANCE PRIORITY TWOA dispatch incident indicating the severity of the patient; Priority Two or E-2 is less serious, and services must be on route to the scene with an ambulance within seven minutes.
AMBULANCE PRIORITY THREEA dispatch incident indicating the severity of the patient; Priority Three or E-3 is the least serious request; services must be on route to the scene with an ambulance within 10 minutes.
That fire department or piece of apparatus which is, by road
miles using the quickest route, the nearest to an incident, regardless
of municipal boundaries.
That fire station, as approved herein, which is charged with
or responsible for emergency incidents or other services in a predetermined
section of Hempfield Township.
An apparatus shall be equipped with a water tank(s) that
has a minimum certified capacity (combined if applicable) of 1,000
gallons, a minimum hose storage area of six cubic feet for 2 1/2-inch
or larger fire hose, a minimum of 100 feet of 1 1/2-inch or larger
hose for a protection line, a minimum of 20 feet of suction hose or
15 feet of supply hose, and a minimum of 200 feet of 2 1/2-inch
or larger fire hose.
An apparatus that shall be equipped with a fire pump that
has a minimum rated capacity of 750 gallons per minute, water tank(s)
that have a minimum certified capacity (combined if applicable) of
300 gallons, a minimum of 40 cubic feet of enclosed weather-resistant
compartmentation, a minimum hose storage area of 30 cubic feet for
2 1/2-inch or larger fire hose, a minimum of two areas that have
a minimum of 3 1/2 cubic feet to accommodate 1 1/2-inch
or larger preconnected attack hose, one straight ladder equipped with
roof hooks, one extension ladder, one folding ladder, and a minimum
of 20 feet of suction hose or 15 feet of supply hose.
An apparatus that shall be equipped with a fire pump that
has a minimum rated capacity of 1,000 gallons per minute, water tank(s)
that have a minimum certified capacity (combined if applicable) of
300 gallons, a minimum of 40 cubic feet of enclosed weather-resistant
compartmentation, a minimum hose storage area of 30 cubic feet for
2 1/2-inch or larger fire hose, a minimum of two areas that have
a minimum of 3 1/2 cubic feet to accommodate 1 1/2-inch
or larger preconnected attack hose, a minimum of 85 feet of fire department
ground ladders, one straight ladder equipped with roof hooks, one
extension ladder, one folding ladder, and a minimum of 20 feet of
suction hose or 15 feet of supply hose.
A vehicle which is designed or modified and equipped for
rescue operations to release a person from entrapment and which is
not routinely used for emergency medical care and transport of patients.
This apparatus shall meet or exceed the requirements for basic rescue
certification as outlined in the Pennsylvania Voluntary Rescue Service
Recognition document.
An apparatus designed for a support function to transport
supplemental personnel and equipment in a variety of capacities.
(3)
Response and callout.
(a)
In conjunction with the Department of Public Safety, the Hempfield
Township Board of Supervisors has now determined the manner, method,
and order of fire companies to be called out in response to fire,
emergency, rescue, disaster and other calls for emergency vehicle
or department response within Hempfield Township as follows:
[1]
Residential: three departments, the home company included if
the home company is one of the three closest to the incident. Otherwise,
the three closest companies and the home company shall respond. If
a fire is determined, one department shall stand by in station or
report to the home company. Air 500, Vent 500, and Salvage 500 shall
also respond.
[2]
Commercial: three departments (including three engine companies
and one ladder truck), the home company included if the home company
is one of the three closest to the incident. Otherwise, the closest
three departments and the home company shall respond. In the event
an actual fire is determined, one department shall stand by in station
or report to the home company. Air 500, Vent 500, and Salvage 500
shall also respond.
[3]
Automatic fire alarm (residential): three departments, the home
company included if the home company is one of the three closest to
the incident. Otherwise, the closest three departments and the home
company shall respond. In the event that an actual fire is determined,
one department shall stand by in station or report to the home company.
Air 500, Vent 500, and Salvage 500 shall also respond.
[4]
Automatic fire alarm (commercial): three departments (including
three engine companies and one ladder truck), the home company included
if the home company is one of the three closest to the incident. Otherwise,
the closest three departments and the home company shall respond.
In the event that an actual fire is determined, one department shall
stand by in station or report to the home company. Air 500, Vent 500,
and Salvage 500 shall also respond.
[5]
Automatic fire alarm canceled (residential or commercial): the
home company and the closest available department.
[6]
Vehicle accident with injuries: the home company, the closest
available department with rescue, the closest available department
with an engine (engine not required if the rescue unit has water).
[7]
Vehicle accident with entrapment: the home company, the closest
available department with rescue, the closest available department
with an engine (engine not required if the rescue unit has water).
[8]
Vehicle accident with no injuries: no department shall be dispatch
unless traffic control is required.
[9]
Wires down: the home company.
[10]
Fuel spill: the home company.
[11]
Lighting detail: the home company only.
[12]
Brush fire: the home company and the closest available department.
[13]
HAZMAT call: the home company, the closest available department
and Air 500.
[14]
Vehicle fire: the home company and the closest available department.
[15]
Tree down: the home department (notify appropriate road department).
[16]
Chimney fire: three departments, the home company included if
the home company is one of the three closest to the incident. Otherwise,
the three closest companies and the home company shall respond. If
a fire is determined, one department shall stand by in station or
report to the home company. Air 500, Vent 500, Salvage 500 and Mobile
500 shall also respond.
[17]
Smoke investigation: the home company.
[18]
Ambulance assist: the home company and the closest available
department.
[19]
Flooding/pumping detail: the home company only.
[20]
Ambulance (Priority 1): the home company and the closest available
department.
[21]
Ambulance (Priority 2): the home company and the closest available
department.
[22]
Ambulance (Priority 3): the home company only.
[23]
Carbon monoxide (Priority 1): the home company and the closest
available department.
[24]
Carbon Monoxide (Priority 2): the home company only.
[25]
Bomb threat: the home company and the Pennsylvania State Police.
(b)
The final and absolute authority to establish the foregoing
response and callout procedures is hereby vested in the Board of Supervisors
of Hempfield Township and shall be enforced by the Director. Any violations
of these procedures, as established herein, shall constitute cause
for discharge and dismissal of any member of a volunteer fire department,
ambulance service or emergency management agency.
(4)
Authorization to respond to requests for assistance outside Township.
The various firefighters, fire police, emergency personnel and ambulance
corpsmen of the various volunteer fire stations of the Hempfield Fire
Department are authorized to respond to requests from other firefighting
and ambulance associations outside of Hempfield Township to render
aid and assistance for fires, emergencies and other disasters.
(5)
Participation in training, maintenance and fund-raising activities.
The various firefighters, fire police, emergency personnel and ambulance
corpsmen who are members of the various volunteer fire stations or
of the Hempfield Fire Department are authorized to engage in training,
maintenance, fund-raising activities, or any other activities aimed
at securing memberships, procuring equipment and other such similar
activity within Hempfield Township and outside of Hempfield Township
when specifically authorized by the Fire Chiefs or by Hempfield Township.
(6)
Insurance. The volunteer firefighters, fire police, emergency personnel
and ambulance corpsmen who are members of the various fire stations
of the Hempfield Fire Department shall be insured pursuant to the
Pennsylvania Workers' Compensation Act,[1] as the same is amended from time to time, whenever said
firefighters, fire police, emergency personnel and ambulance corpsmen
are engaged in activities as described in this chapter.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
(7)
Withdrawal of authorization. Any firefighters, fire police, emergency
personnel and ambulance corpsmen who are members of the various fire
stations of the Hempfield Fire Department are hereby authorized to
engage in the performance of any duly authorized activity by the Fire
Chiefs of the Hempfield Fire Department, unless such authorization
as to a specific duty or as to a specific officer has been withdrawn
by Hempfield Township by giving notice to said firefighter, fire police,
emergency personnel or ambulance corpsman, in writing, addressed to
the volunteer fire department or company in which such firefighter,
fire police, emergency personnel or ambulance corpsman is a member.
(8)
Purpose; effect on Workers' Compensation Act. The benefits provided
by the Workers' Compensation Act, as the same is amended from
time to time, to firefighters, fire police, emergency personnel and
ambulance corpsmen will not be changed or expanded as a result of
this chapter. The purpose of this chapter is so that the Supervisors
of Hempfield Township specifically authorize the various firefighters,
fire police, emergency personnel and ambulance corpsmen who are members
of the various fire stations of Hempfield Township to conduct the
activities herein mentioned.
C.
Reimbursement for costs and expenses.
(1)
The Board of Supervisors of Hempfield Township has, from time to
time, adopted resolutions acknowledging the authority of the Hempfield
Fire Department situate within Hempfield Township to act as the official
firefighting force for the Township.
(2)
In the course of conduct of their services as the official fire department
for the Hempfield Township, said Fire Department incurs reasonable
costs for firefighting materials, residential and commercial equipment,
commercial flooding services and hazardous abatement materials involving
response to hazardous materials incidents, environmental incidents
and safety and rescue incidents and operations, including vehicular
accidents.
(3)
The reasonable costs identified above shall be recovered through
the offices of Hempfield Township in order to coordinate the collection
process and allocate the proceeds thereof.
(4)
The Board of Supervisors of Hempfield Township shall select and enter
into a contract with an appropriate collection agency to undertake
the actual collection of all invoiced expenses.
(5)
Reasonable costs and expenses incurred by any individual volunteer
fire department shall be itemized to the Board of Supervisors for
all incidents occurring within each particular fire district.
(6)
Hempfield Township, or its designated collection agency, shall issue
invoices to the appropriate insurance company of the person or persons
involved in the incident, with payment on said invoices to be due
within 60 days.
(7)
All proceeds received in this collection process shall be deposited
into a single escrow fund to be established by Hempfield Township.
(8)
In the event that any claim is denied payment by the invoiced insurance
carrier, the Hempfield Township Board of Supervisors will make the
final determination as to whether further action shall be taken to
collect the moneys owed or whether the claim shall be withdrawn.
(9)
In addition to the reasonable costs, the Township is hereby authorized
to collect any other additional fee or charge as may be authorized
by the Hazardous Material and Emergency Planning and Response Act[2] or as may be authorized by any other statute, case law
or common law.
[2]
Editor's Note: See 35 P.S. § 6022.101 et seq.
D.
Emergency management.
(1)
Establishment. A local emergency management agency is hereby established
and shall be known as the "Hempfield Township Emergency Management
Agency."
(2)
Statutory authority. The Hempfield Township Emergency Management
Agency is established pursuant to the provisions of the Emergency
Management Services Code, 35 Pa.C.S.A. § 7101 et seq.
(3)
Responsibility for response and recovery. The Hempfield Township
Emergency Management Agency shall have the responsibility for emergency
management and disaster response and recovery within Hempfield Township.
The Hempfield Township Emergency Management Agency shall also provide
emergency management and disaster response and recovery services outside
Hempfield Township as required by the terms and conditions of this
chapter.
(4)
Declaration of disaster emergency.
(a)
A local disaster emergency may be declared by the Board of Supervisors
of Hempfield Township. In addition, any member of the Board of Supervisors
is hereby authorized to declare a disaster emergency subject to ratification
by the Board of Supervisors within seven days of such declaration.
(b)
A local disaster emergency may only be declared upon finding
by the Board of Supervisors or any member of the Board of Supervisors
that a disaster has occurred or is imminent.
(c)
The declaration of a local disaster emergency shall not be continued
or renewed for a period of more than seven days unless approved by
the Board of Supervisors.
(d)
Any order or proclamation declaring, continuing or terminating
a local disaster emergency shall be given prompt and general publicity,
and a copy of any such order or proclamation shall be filed promptly
with the Pennsylvania Emergency Management Agency.
(e)
Upon declaration of a local disaster emergency, the applicable
response and recovery aspects of the Hempfield Township Local Emergency
Management Plan shall be activated.
(5)
Temporary suspension of formal requirements. Upon declaration of
a disaster emergency, Hempfield Township, pursuant to 35 Pa.C.S.A.
§ 7501(d) of the Emergency Management Services Code, shall
be authorized to exercise the powers granted in this chapter without
regard to time-consuming procedures and formalities prescribed by
law (excepting mandatory constitutional requirements) pertaining to
the performance of public work, entering into contracts, the incurring
of obligations, the employment of temporary workers, the rental of
equipment, the purchase of supplies and materials, the levying of
taxes and the appropriation and expenditure of public funds. In addition,
upon the declaration of a disaster emergency, Hempfield Township is
authorized to avail itself of the provisions of the Act of August
5, 1942 (P.L. 752, No. 286), known as the Civil Service Act,[3] in connection with the employment of personnel in local
organizations established pursuant to the provisions of this chapter.
[3]
Editor's Note: See 71 P.S. § 741.1 et seq.
(6)
Coordinator.
(a)
The Hempfield Emergency Management Agency shall have a Coordinator
who shall be responsible for the planning, administration and operation
of the Agency, subject to the direction and control of the Hempfield
Township Board of Supervisors.
(b)
The Coordinator of the Hempfield Township Emergency Management
Agency shall be appointed by the Governor of the Commonwealth of Pennsylvania
upon recommendation of the Hempfield Township Board of Supervisors.
The Hempfield Township Board of Supervisors may, upon agreement by
resolution with adjoining municipalities, recommend to the Governor
a candidate for Coordinator for emergency management activities in
said political subdivisions. The Hempfield Township Emergency Management
Coordinator shall serve at the pleasure of the Board of Supervisors.
(c)
The Coordinator of the Hempfield Township Emergency Management
Agency shall:
[1]
Be professionally competent and capable of planning, effecting
and coordinating operations among agencies of government and controlling
coordinated operations by local emergency preparedness forces.
[2]
Attend and successfully complete the first phase of the career
development program as prescribed by the Pennsylvania Emergency Management
Agency within one year after appointment.
[3]
Attend and successfully complete the second phase of the career
development program as prescribed by the Pennsylvania Emergency Management
Agency within three years after appointment.
[4]
Attend basic and advanced seminars, workshops and training conferences
called by the Director of the Pennsylvania Emergency Management Agency
and/or its Director of Training and Education.
(d)
Failure to attend and successfully complete the career development
program phases as described above or failure to attend a prescribed
training program for two consecutive years shall cause the replacement
of the Coordinator of the Hempfield Township Emergency Management
Agency.
(e)
Responsibility for the professional in-service training of the
Coordinator of the Hempfield Township Emergency Management Agency
shall rest with the Emergency Management Coordinator of Westmoreland
County.
(f)
Hempfield Township will reimburse its Coordinator for actual
expenses incurred as the result of his or her attendance at scheduled
meetings and training programs.
(g)
The Emergency Management Coordinator shall assemble a Hempfield
Township Disaster Management Plan and amend and update the plan as
needed. The Hempfield Township Emergency Management Plan and any changes
to the plan shall be approved by the Hempfield Township Board of Supervisors.
(7)
Powers and duties of agency. The Hempfield Township Emergency Management
Agency is hereby directed to:
(a)
Prepare, maintain, and keep a disaster emergency plan for Hempfield
Township for the prevention and minimization of injury and damage
caused by disaster, for prompt and effective response to the disaster
and for disaster emergency relief and recovery in consonance with
the Pennsylvania Emergency Management Plan and the Westmoreland County
Emergency Management Plan.
(b)
Establish, equip and staff an emergency operations center for
Hempfield Township.
(c)
Establish a warning and communications system for Hempfield
Township that will support governmental operations in emergencies.
(d)
Provide essential facilities and equipment to those agencies
and organizations that have been assigned emergency functions under
this chapter.
(e)
Provide individual and organizational training programs for
police officers, firefighters, rescue personnel, ambulance personnel,
emergency management volunteers and the general public to ensure prompt,
efficient and effective disaster emergency services.
(f)
Organize, prepare and coordinate all locally available manpower,
materials, supplies, equipment and facilities necessary for disaster
emergency readiness, response and recovery.
(g)
Adopt and implement precautionary measures to mitigate the anticipated
effects of a disaster.
(h)
Execute and enforce such rules and orders as the Hempfield Township
Emergency Management Agency may adopt pursuant to the provisions of
this chapter.
(i)
Cooperate and coordinate with any public and private agencies
or entities in achieving any purpose of this chapter.
(j)
Have available for inspection at its emergency operations center
all emergency management plans, rules, regulations and orders of the
Governor and the Pennsylvania Emergency Management Agency.
(k)
Provide prompt and accurate information regarding local disaster
emergencies to appropriate commonwealth and local officials and agencies
and the general public.
(l)
Make monthly reports to the Hempfield Township Board of Supervisors
on the status and programs of the Hempfield Township Emergency Management
Agency, its personnel, programs, and plans.
(m)
Execute and enforce such rules, regulations and orders as may
be adopted by the Pennsylvania Emergency Management Agency.
(n)
Make timely recommendations to and secure the consent of the
Hempfield Township Board of Supervisors concerning the development
of plans, the acquisition of materials, supplies and equipment and
the development of a budget for the agency, except as provided for
in disaster emergencies.
(o)
Identify areas within Hempfield Township that are particularly
vulnerable to disasters.
(p)
Upon request of the Board of Supervisors or any member of the
Board of Supervisors, assist Hempfield Township and/or its police,
fire, rescue or emergency medical services in handling and coordinating
special nondisaster emergencies and situations.
(8)
Mutual aid. The Coordinator of the Hempfield Township Emergency Management
Agency shall develop and maintain mutual aid agreements with adjacent
political subdivisions for reciprocal emergency assistance. The agreements
shall be consistent with the plans and program of the Pennsylvania
Emergency Management Agency and the Westmoreland County Emergency
Management Agency. The agreements shall stipulate that direction of
emergency disaster assistance is the responsibility of the lowest
level of government affected, that the County Emergency Management
Agency shall provide coordination and support when more than one political
subdivision within Westmoreland County is affected and that the Pennsylvania
Emergency Management Agency or its area organization shall provide
coordination and support when two or more counties are affected. In
disaster emergencies, requests for mutual aid assistance shall be
referred to the organization, as outlined above, having responsibility
for the coordination, and, in time of emergency, it shall be the duty
of the Hempfield Township Emergency Management Agency to render assistance
in accordance with these mutual aid agreements. In all cases, support
services provided from outside the affected area shall remain under
the command and control of the department, agency or office furnishing
the support services.
(9)
Approvals; ratification of agreements.
(a)
Except during local disaster emergencies, the Hempfield Township
Board of Supervisors shall:
[1]
Approve all expenditures of the Hempfield Township Emergency
Management Agency in advance.
[2]
Approve attendance and participation of personnel of the Emergency
Management Agency at training sessions, seminars and meetings.
[3]
Review and approve the Hempfield Township Emergency Management
Plan, as well as proposed amendments, additions or deletions thereto.
(10)
Gifts and grants. Any gift or grant of moneys made to the Hempfield
Township Emergency Management Agency or to Hempfield Township for
the payment of expenses incurred or to be incurred by or for the Hempfield
Township Emergency Management Agency shall be deposited in the Treasury
of Hempfield Township and shall be appropriated only for the purpose
for which the gift or grant was made.
(11)
Representation on boards and agencies. Nothing in this chapter shall
be construed as prohibiting the Hempfield Township Emergency Management
Agency from providing representation to other boards or agencies,
such as outside emergency management advisory boards, emergency health
services councils or regional communications committees, that coordinate
with or otherwise impact the delivery of emergency management services.
(12)
Insignia and identifying marks. The Hempfield Township Emergency
Management Agency shall, with the approval of the Hempfield Township
Board of Supervisors, adopt such insignia and/or other identifying
marks or markings as are necessary to ensure the correct, prompt identification
of its personnel, equipment and facilities.
(13)
Applicability of state statute. The provisions of the Emergency Management
Services Code of the Commonwealth of Pennsylvania, Act 323 of 1978,
P.L. 1332,[4] shall govern the emergency management activities of Hempfield
Township and the Emergency Management Agency, except in circumstances
where the Emergency Management Services Code does not address local
provisions or conditions provided for by this chapter.
[4]
Editor's Note: See 35 Pa.C.S.A. § 7101 et seq.
A.
The Hempfield Fire Department shall consist of those existing fire companies identified in § 47-4A and those other companies that may from time to time by ordinance or resolution be recognized by the Board of Supervisors.
B.
Each fire station comprising the Hempfield Fire Department shall
be subject to the jurisdiction and control of the Board of Supervisors
and may, subject to the approval of the Board of Supervisors, adopt,
and from time to time amend, the rules and regulations governing the
Fire Department.
A certain document, three copies of which are on file in the office of the Township Secretary of Hempfield Township, being marked and designated as the International Fire Code, 2018 Edition, including Chapter 80, Appendixes B, C and D (see International Fire Code Section 101.2.1, 2018 Edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of Hempfield Township in the Commonwealth of Pennsylvania regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Township Secretary are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 47-5.1 of this chapter.
The following sections are hereby revised:
A.
Section 101.1 is revised to read as follows: "These regulations shall
be known as the Fire Prevention Code of Hempfield Township, (hereinafter
referred to as "Fire Code")."
B.
Section 103 shall be revised as follows:
(1)
The heading shall be revised to read as follows:
§ 103.1 General. The Department of Public Safety is established pursuant to § 47-3 of the Code of Hempfield Township. Said Department shall be under the direction of the Director(s). The function of the Department of Public Safety shall be the implementation, administration, and enforcement of the provisions of this Code.
(2)
Section 103.2 shall be revised to read as follows:
§ 103.2 Appointment. The Director(s)
shall be appointed by the Board of Supervisors of Hempfield Township.
(3)
Section 103.3 shall be revised to read as follows:
§ 103.3 Deputies. In accordance with
the prescribed procedures of Hempfield Township, the Board of Supervisors
shall have the authority to appoint a Deputy Director(s), other related
technical officers, inspectors and other employees.
C.
Section 104.1 and 104.2 are hereby revised to read as follows:
§ 104.1 General. Subject to the approval
of the Township Supervisors, the Director, or their Deputy, is hereby
authorized to enforce the provisions of this Code and shall have the
authority to render interpretations of this Code, to adopt policies,
procedures, rules and regulations in order to clarify the application
of its provisions. Such interpretations, policies, procedures, rules
and regulations shall be in compliance with the intent and purpose
of this Code and shall not have the effect of waiving requirements
for which provision is specifically made in this Code.
D.
Section 104.2, Applications and permits, is hereby amended to read
as follows:
§ 104.2. Applications and Permits. The
Building Code Official is authorized to receive applications, review
construction documents and issue permits for construction regulated
by this Code, issue permits for operations regulated by this Code,
inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this Code.
E.
Section 104.8, Modifications, is hereby revised to read as follows:
§ 104.8 Modifications. The Building Code
Official shall have authority to grant modifications for individual
cases in accordance with the procedures and guidelines set forth in
the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.
F.
Section 104.9, Alternative materials and methods, shall be revised
to read as follows:
§ 104.9 Alternative Materials and Methods. The Township Building Code Official shall have authority to authorize
the use of alternative materials and methods in accordance with the
procedures and guidelines set forth in the Pennsylvania Uniform Construction
Code, Act 45 of 1999, as amended.
G.
Section 105.1, Permits, is revised to read as follows:
§ 105.1 Permits Required. Any property
owner or authorized agent of a property owner who intends to conduct
an operation or business or install or modify systems and equipment
which is regulated by the International Fire Code, 2018 Edition, or
cause any such work to be done, shall first make application to the
Director and obtain the required permit. In the event the proposed
activity involves construction of facilities regulated by the Pennsylvania
Uniform Construction Code, Act 45 of 1999, as amended, application
for necessary permits shall also be made to the Building Code Official.
In the event of inconsistent language between the Pennsylvania Uniform
Construction Code and the International Fire Code, 2018 Edition, the
provisions of the Pennsylvania Uniform Construction Code shall apply.
H.
Section 108.1, Board of appeals established, is hereby revised to
read as follows:
§ 108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations
made by the Director relative to the application and interpretation
of this chapter of the Township Code, there shall be and is hereby
created a Board of Appeals. The Board of Appeals shall be appointed
by the governing body and shall hold office at its pleasure. The Director
shall be an ex officio member of said Board but shall have no vote
on any matter before the Board. The Board shall adopt rules of procedure
for conducting its business and shall render all decisions and findings,
in writing, to the appellants with a duplicate copy to the Director.
I.
Section 109.2, Notice of violation, is revised to read as follows:
§ 109.3 Notice of Violation. When the
Director finds a building, premises, vehicle, storage facility or
outdoor area that is in violation of this Code, the Director is authorized
to prepare a written notice of violation describing the conditions
deemed unsafe and, when compliance is not immediate, specifying a
time for reinspection.
§ 109.4 Violation Penalties. Persons
who shall violate a provision of this Code or shall fail to comply
with any of the requirements hereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents
or directive of the Fire Code Official, or of a permit or certificate
used under the provisions of this Code, shall be guilty of a summary
offense, punishable by a fine of not more than $1,000. Each day that
a violation of this Code continues shall be considered a separate
violation.
J.
Section 109.4.1, Abatement of violation, is revised to read as follows:
§ 109.4.1. Abatement of Violation. In
addition to the imposition of the penalties herein described, the
Township Fire Code Official is authorized to institute appropriate
action to prevent unlawful construction or restrain, correct, or abate
a violation; or to prevent illegal occupancy of a structure or premises;
or to stop an illegal act, conduct of business or occupancy of a structure
on or about any premises.
K.
Section 110.1, General, is revised to read as follows:
§ 110.1 General. If, during the inspection
of a premises, a building or structure, or any building system, in
whole or in part, constitutes a clear and inimical threat to human
life, safety or health, the Fire Code Official shall issue such notice
or orders to remove, abate or remedy the conditions as shall be deemed
necessary in accordance with this section and shall refer the building
to the Building Department for any repairs, alterations, remodeling,
removing or demolition required.
L.
Section 110.1.2, Structural Hazards, is revised to read as follows:
§ 110.1.2 Structural Hazards. When an
apparent structural hazard is caused by the faulty installation, operation
or malfunction of any of the items or devices governed by this Code,
the Fire Code Official shall immediately notify the Building Code
Official.
M.
Section 110.4, Abatement, is revised to read as follows:
§ 110.4. Abatement. The owner, operator
or occupant of a building or premises deemed unsafe by the Building
Code Official shall abate or cause to be abated or corrected such
unsafe conditions either by repair, rehabilitation, demolition, or
other approved corrective action.
N.
Section 113, Fees, specifically Sections 113.1 and 113.2, are revised
to read as follows:
§ 113.1 Fees. A fee for each permit shall
be paid, as required, in accordance with the fee schedule established
and revised from time to time by resolution of the Board of Supervisors
of Hempfield Township.
O.
Section 505.1, Address Identification, is hereby revised to read
as follows:
§ 505.1 Identification. All residential
dwellings and commercial structures which now have or may subsequently
receive an identification as a street number shall visually display
said designated street number as set forth herein.
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§ 505.1.1 Residential Dwellings. Where any residence has a single mailbox at the street, said mailbox
shall have the assigned identification number affixed to both sides
of the mailbox, post or framework. In addition, all residences shall
have their assigned identification number affixed to the residence
in the vicinity of a front porch light if such light is available.
For multiple-family dwellings, only the main building number must
be posted where observable from the nearest public right-of-way, and
all interior apartment unit doors must be numbered.
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§ 505.1.2 Commercial Occupancies. All freestanding business signs which identify a business or group
of businesses shall have an identification number posted thereon.
Said number can be posted on the framework of the sign or be included
in the graphics thereof. Each individual business, building or suite
that fronts a right-of-way shall display an exterior identification
number facing the right-of-way. The number shall be placed, permanently
mounted, in a window or on the front of the structure. Businesses
or suites which do not front a right-of-way need not post an exterior
identification number. All businesses, buildings or suites which have
common entrances with other occupants must post an identification
number on their respective interior doors.
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§ 505.1.3 Numeral Specifications. All numerals shall be Arabic (i.e., 1, 2, 3, 4). All numerals shall
be contrasting in color from their background. All numerals which
are displayed in accordance herewith shall be maintained in a clear
and readable manner. It shall be the responsibility of the owner or
other person in charge of said facility to repair and/or replace said
numerals upon written notification from the Township.
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a.
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Residential Numerals. All numerals on mailboxes
shall be reflective and shall be a minimum of three inches in height
and 1/2 inch in width. All numerals displayed on the residential structures
shall be a minimum of four inches in height and 1/2 inch in width.
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b.
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Commercial Numerals. All numerals on the exterior
buildings or in windows shall be a minimum of six inches in height
and 3/4 inch in width. All numerals on interior doors must be a minimum
of three inches in height and 1/2 inch in width.
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The following sections of the International Fire Code, 2018
Edition, are hereby deleted:
A.
Section 104.9.1.
B.
Section 104.9.2.
C.
Sections 105.1.2 through 105.5 and the subsections thereunder.
D.
Section 105.7.
E.
Sections 105.7.1 through 105.7.14.
F.
Section 111.
G.
Sections 113.3 through 113.5.
H.
Section 401.2.
I.
Section 501.
J.
Section 504.3.
K.
Sections 508 and 510.
L.
Sections 601 through 604.
M.
Section 606, except Sections 606.6 and 606.14.
N.
Section 903.6.
O.
Section 905, except Sections 905.7, 905.9, 905.10 and 905.11.
R.
Chapter 29, except Sections 2903.3, 2903.4, 2903.5, 2903.6, 2903.7,
2905.3 and 2909.4.1.
S.
Chapter 23, except to the extent superseded by the Pennsylvania Flammable and Combustible Liquids Act, Act of February 11, 1998, P.L. 58. Further, the following sections of Chapter 23 shall remain in full force and effect: 2304.2.3, 2304.3.4, 2304.3.5, 2305.5, 2305.6, 2305.7, 2309.3.1.2.1, 2309.3.1.2.2, 2309.3.1.2.3, 2209.3.1.4.4 and 2311.6.
T.
Chapter 36.
A.
To the extent the Commonwealth of Pennsylvania has adopted regulations
as part of the implementation of Act 45 of 1999, as amended, which
is known as the "Pennsylvania Uniform Construction Code," which differ
from the 2015 Edition of the International Fire Code, the regulations
of the Commonwealth of Pennsylvania, Department of Labor and Industry,
shall prevail.
B.
The effective Fire Prevention Code in Hempfield Township shall at
all times be the most current edition of the International Fire Code
published by the International Code Council and incorporated by the
Commonwealth of Pennsylvania as part of the Pennsylvania Uniform Construction
Code as revised and supplemented by regulations issued from time to
time by the Pennsylvania Department of Labor and Industry. The following
specific sections from the 2018 Edition of the International Fire
Code are adopted and revised as indicated. An asterisk appearing before
a respective code section indicates that the section has been incorporated
by the Pennsylvania Uniform Construction Code.
A.
The geographical limits referred to in certain sections of the 2018
International Fire Code are hereby established as follows:
(1)
Section 5704.2.9.6.1. Geographic limits in which the storage of Class
I and Class II liquids in aboveground tanks outside of buildings are
prohibited within 10 feet of the closest building or structure.
(2)
Section 5706.2.4.4. Geographic limits in which the storage of Class
I and Class II liquids in aboveground tanks are prohibited within
those areas set forth in Section 5706.2.4.3.
(3)
Section 5806.2. Geographic limits in which the storage of flammable
cryogenic fluids in stationary containers are prohibited within those
areas set forth in Table 3504.2.1 of the 2018 International Fire Code.
(4)
Section 6104.2. Geographic limits in which the storage of liquefied
petroleum gas is restricted for the protection of heavily populated
or congested areas are prohibited in those areas set forth in Table
6104.3.
A.
General regulations.
(1)
All outdoor burning and fires are expressly prohibited except as
may be authorized under the terms hereof.
(2)
A permit issued by the Fire Code Inspector and/or Code Enforcement
Officer shall be required for all outdoor burning and fires for all
categories in this section except residential areas.
(3)
The Board of Supervisors of Hempfield Township shall, from time to
time, by resolution, adopt and authorize a permit form and a schedule
of fees to be imposed for the issuance of permits hereunder.
(4)
No person or persons shall set or maintain any outdoor burning or
fires upon the paved portion of any street, alley, or public grounds
in Hempfield Township or burn or cause to be burned upon such street,
alley, or public grounds any newspaper or paper product, boxes, rubbish,
leaves or material or substance of any kind.
(5)
No person or persons shall knowingly maintain a fire hazard on any
property within Hempfield Township.
(6)
No person or persons shall deliberately, knowingly, carelessly, or
negligently set fire to or cause the burning of any material in such
manner as to endanger the safety of any person or property.
B.
Residential areas.
(1)
All outdoor burning or fires in areas of residential dwellings shall
be limited to burning of twigs and yard waste during the hours of
8:00 a.m. to 2:00 p.m. on Saturday and shall not be located closer
than 50 feet to any structure or 30 feet to any property line.
(2)
All outdoor burning or fires in areas of residential dwellings shall
be controlled in a safe manner and have a water supply attended by
an individual or an equal extinguishing agent throughout the duration
of the burning.
(3)
Except as herein provided in Subsection B(5), no person or persons shall set or maintain any outdoor burning or fires closer than 50 feet to any structure or 30 feet to any property line.
(4)
No person or persons shall burn or cause to be burned any garbage, newspaper or paper products, rubber, tires, paint, animal waste, plastics, diapers, toxic materials, or other matter consisting of solid waste as the term is defined in § 70-3 of the Code of Hempfield Township.
(5)
Outdoor fireplaces, grills, firepits, and stone rings used exclusively
for recreational purposes and/or for food preparation shall be exempt
from these regulations, provided, however, that said outdoor fireplaces,
grills, firepits, and stone rings shall not be located closer than
15 feet to any property line.
(6)
Bonfires for amusement purposes shall be permitted only upon the
specific approval of the Fire Code Inspector and/or Code Enforcement
Officer; and they shall not be located closer than 50 feet to any
structure or 30 feet to any property line.
C.
Commercial properties.
(1)
All outdoor burning or fires at commercial properties shall be limited
to between the hours of 7:00 a.m. and 1:00 p.m. on such dates and
at such specific times as designated and authorized by the Fire Code
Inspector and/or Code Enforcement Officer.
(2)
All outdoor burning or fires at commercial properties shall be controlled
in a safe manner, as approved and authorized by the Fire Code Inspector
and/or Code Enforcement Officer, and have a water supply attended
by an individual or equal extinguishing agent throughout the duration
of the burning; and they shall not be located closer than 50 feet
to any structure or 30 feet to any property line.
(3)
No person or persons shall set or maintain any outdoor burning or
fires closer than 50 feet to any structure or property line, except
as may be otherwise authorized and designated by the Fire Code Inspector
and/or Code Enforcement Officer.
(4)
No person or persons shall burn or cause to be burned any garbage,
newspaper and paper products, leaves, rubber, tires, paint, animal
waste, plastics, diapers or hazardous or toxic materials.
(5)
Hempfield Township reserves the right to deny any and all permits
for outdoor burning or fires at commercial properties.
D.
Land developments.
(1)
All outdoor burning or fires at areas of land development for the
purpose of clearing the property and removal of vegetation and other
debris shall be limited to such dates and items as designated and
authorized by the Fire Code Inspector and/or Code Enforcement Officer.
(2)
All outdoor burning or fires at areas of land development shall be
controlled and managed using a properly utilized air-curtain destructor
with a firepit and shall have a water supply attended by an individual
or an equal extinguishing agent throughout the duration of the burning;
and they shall not be located closer than 50 feet to any structure
or 30 feet to any property line.
(3)
No person or persons shall burn or cause to be burned any garbage,
rubber, tires, paint, animal waste, plastics, diapers or hazardous
or toxic materials.
E.
Salvage operations and demolition projects.
(1)
All outdoor burning or fires at areas of salvage operations and/or
demolition projects shall be limited to such dates and times as designated
and authorized by the Fire Code Inspector and/or Code Enforcement
Officer.
(2)
All outdoor burning or fires at areas of salvage operations and/or
demolition projects shall be controlled and managed by use of a properly
utilized air-curtain destructor with a firepit and shall have a water
supply attended by an individual or an equal extinguishing agent throughout
the duration of the burning; and they shall not be located closer
than 50 feet to any structure or 30 feet to any property line.
(3)
No person or persons shall burn or cause to be burned any garbage,
rubber, tires, paint, animal waste, plastics, diapers or hazardous
or toxic materials.
F.
Construction sites, residential and commercial. No person shall set
or maintain any outdoor burning or fires during the construction or
remodeling of any structures within Hempfield Township.
G.
Agricultural properties. Nothing herein shall regulate or restrict the reasonable and safe use of outdoor burning or fires by any person or persons for or incidental to any valid "agricultural use" within Hempfield Township, as the same is defined and set forth in Chapter 87, Zoning, § 87-210, Definitions, of the Code of the Hempfield Township. A valid agricultural use must be supported by submission to the Township of a true and correct copy of Schedule F, Profit or Loss from Farming, as approved by the Internal Revenue Service.
A.
General. No insurance company, association or exchange (hereinafter
the "insurer") doing business in the Commonwealth of Pennsylvania
shall pay a claim of a named insured for fire damage to a structure
located within Hempfield Township (the "municipality") where the amount
recoverable for the fire loss to the structure under all policies
exceeds $7,500, unless the insurer is first furnished by the Treasurer
of Hempfield Township with a certificate pursuant to Section 508(B)
of the Insurance Company Law of 1921,[1] as amended by Act 98 of 1992 and Act 93 of 1994.
[1]
Editor's Note: See 40 P.S. § 638.
B.
Bill; certification of expenses; payment by insurer.
(1)
Where there are delinquent taxes, assessments, penalties or user
charges against the property ("municipal claims") or there are expenses
which the municipality has incurred as costs for the removal, repair
or securing of a building or other structure on the property (collectively
"municipal expenses"), the Treasurer of the Hempfield Township shall
immediately render a bill for such work, if the same has not already
been issued.
(2)
Upon written request of the named insured or the insurer specifying
the tax description of the property, the name and address of the insurer
and the date of receipt by the insurer of a loss report of the claim,
the Treasurer of Hempfield Township shall, within 14 working days
after the receipt of the request, furnish to the insurer a written
certificate setting forth either:
(3)
Taxes, assessments, penalties and user charges shall be deemed delinquent
for this purpose if a lien could have been filed for such claims under
applicable law.
(4)
Upon receipt of a certificate and bill pursuant to the foregoing,
the insurer shall transfer to the Treasurer of Hempfield Township
an amount from the insurance proceeds sufficient to pay such sums
prior to making payment to the named insured.
C.
Disbursement. When all municipal claims and municipal expenses have been paid pursuant to Subsection B hereof or where the Treasurer has issued a certificate described in Subsection B(2) indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed:
(1)
The insurer shall transfer from the insurance proceeds to the Treasurer,
in the aggregate, $2,000 for each $15,000 of such claim or fraction
thereof.
(2)
If, at the time a loss report is submitted by the insured, such insured
has submitted to the insurer, with a copy to Hempfield Township, a
contractor's signed estimate of the costs of removing, repairing
or securing the building or other structure in an amount less than
the amount calculated under the foregoing transfer formula, the insurer
shall transfer to the Treasurer from the insurance proceeds the amount
specified in the estimate. If there is more than one insurer, the
transfer of proceeds shall be on a pro rata basis by all insurers
insuring the building or other structure.
(3)
Upon receipt of the above-described portion of the insurance proceeds,
the Treasurer shall do the following:
(a)
Place the proceeds in a separate fund to be used solely as security against the total municipal expenses anticipated by Hempfield Township to be required in removing, repairing, or securing the building or structure as required by this section. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by Hempfield Township in connection with such removal, repair or securing or any proceedings related thereto, including legal fees incurred by the Township in the issuance of the original certificate pursuant to Subsection A hereof.
(b)
Mail to the named insured, at the address received from the
insurer, a notice that the proceeds have been received by Hempfield
Township and that the procedures under this subsection shall be followed.
(c)
After the transfer, the named insured may submit to Hempfield
Township a contractor's signed estimate of the costs of removing,
repairing or securing the building or other structure, in which event
the Treasurer shall, if such estimate is deemed by the Treasurer to
be reasonable, return to the insured the amount of the funds transferred
to Hempfield Township in excess of that required to pay the municipal
expense, provided that the Township has not commenced to remove, repair
or secure the building or other structure, in which case the Township
will complete the work.
(d)
Pay to the Secretary of the Board of Supervisors, for reimbursement
to the Township general fund, the amount of the municipal expenses
paid by Hempfield Township.
(e)
Pay the remaining balance in the fund (without interest) to
the named insured upon receipt of the certificate issued by the Ordinance
Officer of Hempfield Township that the repair, removal or securing
of the building or other structure has been completed in accordance
with all applicable codes and regulations of the Township of Hempfield.
(4)
Nothing in this section shall be construed to limit the ability of
Hempfield Township to recover any deficiency in the number of municipal
claims or municipal expenses recovered pursuant to this section or
to the insurance process by an action at law or equity to enforce
the codes of Hempfield Township or to enter in an agreement with the
named insured with regard to such other disposition of the proceeds
as Hempfield Township may deem reasonable.
D.
Applications. The Secretary of the Board of Supervisors of Hempfield
Township shall prepare and make available appropriate applications
to be completed by the property owner and/or insurer setting forth
all property identification information required for the issuance
of the certificate referenced herein.
A.
Violations and penalties. Any person who shall violate the provisions
of this chapter or any section of the code adopted hereby or fail
to comply therewith or who shall violate or fail to comply with any
order made thereunder or who shall build in violation of any detailed
statement of specification or plan submitted and approved thereunder
or any certificate or permit issued thereunder and from which no appeal
has been taken or who shall fail to comply with such an order as affirmed
or modified by the Township Supervisors or by a court of competent
jurisdiction within the time fixed therein shall, severally for each
and every such violation and noncompliance respectively, be punishable
by a fine of not more than $1,000, together with costs of prosecution
and reasonable attorney's fees incurred by Hempfield Township
in the prosecution of this chapter, or, in default of the payment
thereof, by imprisonment for not more than 30 days. The imposition
of one penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and
when not otherwise specified, each 10 days that a prohibited condition
or conditions are maintained shall constitute a separate enforceable
offense.
B.
Citations. In the enforcement of this section, the Fire Code Inspector
and/or Code Enforcement Officer of Hempfield Township may, at his
sole discretion, utilize a citation notice, in a form to be approved
by the Board of Supervisors, notifying the person responsible as to
the violation of this chapter and providing that person an opportunity
to remedy said violation within five days of the date of that notice
and to impose a fine not to exceed $100, payable to Hempfield Township,
without the necessity of a court proceeding and the imposition of
attorney's fees and court costs.
C.
Other proceedings. Notwithstanding the foregoing, Hempfield Township
may, if it deems it appropriate, proceed in an action in equity to
cause an injunction to issue, either preliminarily or otherwise, or
to have a court of competent jurisdiction issue a restraining order
against any person, firm, partnership, cooperation, joint venture,
or any other type of legal entity from a violation or violations of
the within chapter.
D.
Revocation of permits. Notwithstanding any and all of the foregoing
enforcement provisions, the Fire Code Inspector and/or Code Enforcement
Officer of Hempfield Township may, upon discovery of a violation of
any section of this chapter, immediately issue a written notification
revoking any and all permits which may have been issued to the offending
property owner or that owner's representative relating to the
use or operation of the property for which the violation is noted.
Said notification shall constitute a stop-work order compelling the
cessation of those operations and activities in violation of this
chapter. A true and correct copy of that notice shall be mailed to
the applicant by certified mail, return receipt requested; conspicuously
posted upon the affected property; and, when possible, personally
handed to the applicant and/or property owner. The affected applicant
shall have the right of appeal from that revocation as set forth in
§ 47-5F hereof.
E.
False fire alarms. The General Assembly of the Commonwealth of Pennsylvania
has now enacted Act 70 of 1998 including, at Section 7511 thereof,[1] provisions dealing with the control of alarm devices and
automatic dialing devices and establishing penalties for violations
thereof. The Department of Public Safety shall be the entity responsible
within Hempfield Township for the enforcement as to violations of
said Act. Penalties for violations of Act 70 of 1998 shall be in accordance
with the provisions thereof.
[1]
Editor's Note: See 18 Pa.C.S.A. § 7511.
